Clarence Thomas, Supreme Court justice, was in Sea Island, Georgia in early January 2000. He was hundreds of thousands in debt.
Friends say that after almost a decade of playing tennis, Thomas was frustrated by his financial situation. Thomas had just started to raise his grandnephew and Thomas’s wife asked for advice on how she could handle the additional expenses. The justice had borrowed from a friend $267,000 to purchase a luxury RV a month earlier.
Thomas delivered a speech in the resort at a conservative conference that was not recorded. On the return flight, Thomas was seated next to an American Republican congressman. The two men spoke, and the legislator left the conversation concerned that Thomas would resign.
Thomas said that Congress should increase the pay of Supreme Court justices. Thomas told him that if lawmakers don’t act soon, “one or several justices will depart” — perhaps in the next 12 months.
Thomas’ salary at the time was $173.600, which is equivalent to more than $300,000.00 today. Thomas was not wealthy, but he tried to find ways to earn more money. Thomas has repeatedly discussed removing the ban on justices making paid speeches in other private conversations.
Thomas’ efforts are described in documents from the period obtained by ProPublica. One of these records includes a memo from a senior judiciary official to Chief Justice William Rehnquist, asking for guidance on a “delicate issue.”
Interviews and documents provide insight into Thomas’ conversation about finances during a critical period of his tenure. This was also the time when he was building relationships with wealthy benefactors.
Congress never lifted its ban on speaking fees, nor did it give the justices any major raises. Thomas received a number of gifts in the following years, which ProPublica reported. This appears to be unprecedented in modern Supreme Court history. Some of the gifts covered large and small living expenses — private school tuitions, vehicle batteries, or tires. Some gifts were given by a group of ultra-rich men to supplement his lifestyle. These included free international vacations aboard the superyacht and private jet of Dallas real estate billionaire Harlan Crow.
What exactly prompted so many people in the community to give Thomas money and gifts is still a mystery. No evidence exists that the justice raised the possibility of resigning in front of Crow or any other wealthy benefactors.
George Priest, Yale Law School Professor who vacationed alongside Thomas and Crow told ProPublica that Crow’s generosity wasn’t intended to influence Thomas but to make his life easier. Priest stated that Crow viewed Thomas’ salary as being limited as a Supreme Court Justice. “So, he provides him benefits.”
Thomas and Crow did not respond to any questions in this article. Crow, who is a major Republican contributor, hasn’t had any cases before the Supreme Court since Thomas was appointed and has said Thomas has been a close friend. David Sokol is a conservative financier and Thomas’s private jet pilot. He said that they never discussed Thomas’ finances or his retirement plans.
Thomas made the comments to Florida Rep. Cliff Stearns in 2000, a conservative vocalist who had been in Congress 11 years. The justice would occasionally socialize with him. These comments sparked a frenzy of activity on Capitol Hill and in the judiciary. Stearns stated in a recent conversation that “his importance as a Conservative was paramount.” We wanted him to feel comfortable at work and be paid appropriately.
It’s a fact that is often criticized about the most important federal jobs: they pay less than similar jobs in private industry, but once officials leave the government, they can make a lot of money. Former regulators sell their advice to those who are regulated. Generals leave the military to work for contractors. Former senators are hired to lobby Congress.
A lifetime appointment to Supreme Court does not come with a revolving door of money. Most justices stay on the bench until they die, or at least past their 80th anniversary. Justices in 2000 were paid far more than cabinet secretaries, members of Congress or the average American. The federal judiciary was furious that the salaries of judges did not keep pace with inflation. The salaries of young associates in top law firms are higher than those of Supreme Court Justices. Partners at these firms can earn millions per year.
Thomas’s colleagues included some extremely wealthy people. Justice Ruth Bader Ginsburg married a highly-paid tax attorney, and Justice Stephen Breyer was married to the daughter a wealthy British Lord. Thomas was not born into wealth. In 1991, Thomas was 43 and had worked for the government almost his entire adult life. Thomas said that he had student loans left from his law school at the time.
Thomas’ financial history over the years is still a mystery. Around the early 1990s, Thomas made two major purchases: a Corvette as well as a home in the Virginia suburbs with 5 acres. Thomas and Ginni bought the house for $522,000 one year after Thomas joined the court. They borrowed the entire amount, except $8,000, which is less than 2%.
Public records indicate a certain degree of financial stress. In the first ten years of his tenure the couple borrowed money regularly, including a $100,000 line of credit on their home and a consumer loans of up to $50,000. Thomas’ life was transformed in January 1998 when he adopted his 6-year old grandnephew. He became his legal guardian, and raised him as his son. The Thomases sent their child to several private schools.
Thomas visited the Georgia resort in early January 2000. Thomas was in Georgia to give a keynote address at Awakening. The weekend included golf, shooting, aromatherapy, and panel discussions with elected officials and businessmen. Ernest Taylor, the founder and organizer, confirmed to ProPublica that Thomas was reimbursed for his trip by the annual event. Thomas disclosed 11 free trips on his financial disclosure form, mostly to colleges or universities. However, he did not mention attending the conservative conference. This is an apparent violation of federal disclosure laws.
Thomas, the Republican legislator, brought up the possibility of justices quitting on a flight from Awakening. Stearns, a Republican lawmaker, was so concerned that he wrote Thomas a letter after the flight. He promised to “look into a bill raising the salaries of Supreme Court members.”
Stearns wrote: “We agreed that it’s important for Americans to have a properly interpreted constitution.” “We need to have the right incentives here too.”
Stearns’ office sought out the help of a lobbying company working on this issue. He delivered a speech that was sp